Terms of Use Agreement

This Agreement. This Terms of Use Agreement (the “Agreement”) is between you and Hoop And Holler Media Inc. (the “Site Owner” or “we”) and contains terms and conditions pertaining to your use of the “www.thehoopandholler.com” and its companion web sites (individually and collectively the “Web-Site”). The Web-Site is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web-Site constitutes your agreement to all of the following terms, conditions, and notices. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEB SITE.

Modifications Of This Agreement. Site Owner reserves the right to change the terms, conditions, and notices under which the Web-Site is offered. Notification of changes will be posted on the Web-Site, and you are responsible for regularly reviewing these terms and conditions.

ACCESS AND LIMITATIONS ON USE

Grant of Access. This Agreement provides you with a non-exclusive grant of access to and use of the Web-Site at the sole discretion of Site Owner and subject to your continuing compliance with the terms and conditions of this Agreement.

Right To Restrict Access. Site Owner reserves the right to change, suspend, or discontinue any aspect of the Web-Site at any time, including the availability of any feature, database or content contained in the Web-Site. Site Owner may also impose limits on certain features and services or restrict your access to parts of or all of the Web-Site, without notice or liability. Site Owner reserves the right in its sole discretion to correct any errors or omissions in any part of the Web-Site.

Web-Site Content. All Web-Site content is provided to you on an “AS IS” basis. You understand that the Web-Site contains content from a variety of sources, and that Site Owner is not responsible for the accuracy, safety, or intellectual property rights pertaining to such content, and you expressly waive all claims whatsoever against Site Owner with respect to any inaccurate or objectionable content you may be exposed to on the Web-Site.

User Content. We encourage your participation in the Hoop And Holler community, including your comments and submission of stories, photographs and videos (“User Content”). You may be asked to establish a user account prior to your initial submission of a User Content. For any subsequent submission of User Content you will be asked for your username and password (“Your User Identity”). We will ask you for your name and email address in order to establish the user account and have the right to publish your name and/or username in association with the publication of your User Content: we will not publish your email address without your prior consent. Such publication includes publication on the Web-Site and/or in our companion print newspaper (the “Companion Newspaper”). We are not obligated to publish any User Content submitted at any time – please see the other provisions relating to User Content below. Use of your name and email address for any purpose other than setting up Your User Identity is governed by our Privacy Policy.

Personal And Non-Commercial Use Limitation. Unless otherwise specified, the Web-Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from the Web Site.

Links To Third Party Sites. The Web Site may contain links to sponsor web sites and other third party web sites (“Linked Sites”). The Linked Sites are not under the control of Site Owner and Site Owner is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Site Owner is not responsible for webcasting or any other form of transmission received from any Linked Site or in respect of any music, video or other materials downloaded from the Linked Sites. Site Owner is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Site Owner of the Linked Site, its contents, or any association with its operators. Your use of any Linked Site is subject to the terms and conditions of the respective Linked Site.

No Unlawful Or Prohibited Use. As a condition of your use of the Web-Site, you warrant to Site Owner that you will not use the Web-Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web-Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web-Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web-Site.

Altering The Web-Site. Only Site Owner may make alterations to the Web-Site. You agree not to alter or modify any part of the Web-Site.

USER CONTENT

User Content. You are solely responsible for your User Content, which should include only accurate information. As well, all of the following applies to your User Content:

You represent that you own or control all rights necessary to include your User’s Content on the Web-Site and you are solely responsible and liable for all consequences arising from inclusion of your User’s Content on the Web-Site. If your User Content contains copyrighted material which is owned or controlled by a third party, you will only post that material to the Web-Site if you have permission to do so. For example, User Content should not include a popular song or other music written by someone else, even if sung or performed by you or someone other than the original recording artist, without a license to do so. Similarly User Content should not include photos or video of people (other than yourself) unless you have the consent of those people to post the photo or video. In addition User Content should not include trademarks of others (ie. Winnipeg Jets logo, soft drink or beer logos, etc.) without consent.

You shall keep Your User Identity strictly confidential and will immediately notify Site Owner if you learn of or suspect any loss, theft or unauthorized use of your User Identity. In the event of such loss, theft, or unauthorized use, Site Owner may impose on you, at its sole discretion, additional security obligations. You agree to fully cooperate and assist Site Owner in any investigation relating to any unauthorized use of Your User Identity.

If your User Content is already available on another site or service, for example YouTube®, publication of your User Content may comprise of publishing the link to your User Content on the other site or service.

You agree not to upload any User Content which includes any “Prohibited Acts or Materials” as defined in the Use Of Communications Services section below.

Site Owner is not responsible for, nor liable in any way if, any Web-Site visitor utilizes your User Content in any manner not authorized by this Agreement and you waive all claims against Site Owner in connection with such misuse.

Site Owner may reject publication of your User Content at its sole discretion. Your User Content will not be published on the Web-Site or in the Companion Newspaper unless you have established a user account. Your User Content may be edited by Site Owner for example in order to correct spelling and grammar errors, or if your User Content is too large.

License Of User Content. You grant to Site Owner a worldwide, non-exclusive, cost and royalty free license to access, stream, copy, exhibit, and publicly perform your User Content as part of the Web-Site and/or in the Companion Newspaper, and to publish your name and/or username in connection with your User Content. No compensation will be paid with respect to any use of your User Content described herein. If your User Content is still accessible to the Web-Site visitors twelve (12) months from first publication, you may terminate this license by sending an email to: admin@thehoopandholler.com, with the words “Termination Of User Content License” in the subject line. Upon receipt of such email we will remove your User Content within a reasonable period of time.

Use of Communication Services. The Web-Site may contain news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Web-Site or another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

No Obligation To Monitor. Site Owner has no obligation to monitor the User Content, including postings to the Communication Services. However, Site Owner reserves the right to review User Content/postings and to remove any such User Content and/or posting in its sole and absolute discretion. Site Owner also reserves the right in its sole discretion to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Submissions and Content Provided By You Not Confidential. You acknowledge that any User Content, including postings and all other form of communication through the Web-Site are not confidential and that they may be published, read or intercepted by others. You acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and Site Owner other than as expressly provided pursuant to this Agreement.

INTELLECTUAL PROPERTY

Ownership Of Site Owner Content. Content on the Web-Site provided by Site Owner or its sponsors, partners or contributors, including but not limited to articles, advertisements, art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Site Owner Content”) is the sole and exclusive property of Site Owner or its licensors, sponsors, partners or contributors as the case may be, and is protected in Canada and internationally under trademark, copyright, and other intellectual property laws.

Ownership Of User Content. You are the exclusive copyright owner of your own User Content which is protected in Canada and internationally under trademark, copyright, and other intellectual property laws, subject to any underlying licenses (for example of music) obtained by you and the non-exclusive license you have granted to Site Owner herein.

Notice Of Infringement. If you believe that any Site Owner Content or User Content violates your trademark, copyright or other rights, please email us at admin@thehoopandholler.com including the words “Notice of Alleged Infringement” in the subject line, and provide specific details in the body of the email regarding the alleged infringement, including the subject of the infringing content and the name or username associated with such content. Even though the contributor, and not Site Owner, is ultimately responsible for his/her User Content and any such infringement, Site Owner will investigate each such allegation, and may in its discretion remove the User Content if Site Owner reasonably believes the User Content to be infringing the rights of others. Site Owner may contact you if necessary and request: a statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification email is accurate; and that the sender of the notification email is the owner or is authorized to act on behalf of the owner of an exclusive copyright or other right that is allegedly infringed.

PRIVACY

Information Requested From You. When creating a user account or accessing information on the Web-Site, you may be asked to provide personally identifiable information such as your name, home address, e-mail address, or other information. At that time you will also be asked for your consent (by opt-in check box) to allow us to contact you with newsletters and other Web-Site and/or Companion Newspaper related information and promotions. You will also be asked for your consent (by separate opt-in check box) to allow our sponsors and partners to contact you via email with their promotions. It is completely optional for you to provide such consent in either instance. If you opt in to receive promotional materials, either from Site Owner and/or from Site Owner’s sponsors and partners, you may opt out of one or the other or both at any time: all materials sent to you will include an “unsubscribe” option, and you will be removed from the respective list within five (5) business days of receipt of your unsubscribe notice.

Privacy Policy.Please review our Privacy Policy for further details.

LIABILITY DISCLAIMERS AND LIMITATIONS

No Representation or Warranties by Site Owner – You understand and acknowledge that the Web-Site contains content from a variety of sources and that Site Owner is not responsible for the accuracy, safety, or intellectual property rights pertaining to such content. You expressly waive all claims whatsoever against Site Owner and its sponsors and partners with respect to any inaccurate or objectionable content you may be exposed to on the Web-Site.

You agree that the Web-Site, including all content, functions, materials and information made available on or accessed through the Web-Site, is provided to you at your own risk for your personal non-commercial use and on an “as is, as available” basis. To the fullest extent permissible by law, Site Owner makes no representations, endorsements or warranties, expressed or implied, including, but not limited to those of merchantability or fitness for a particular purpose, with respect to: (i) the Web-Site and/or Companion Newspaper; (ii) any Site Owner Content, User Content, or other content, merchandise, information or service provided through the Web-Site or on the Internet generally; (iii) the functions made accessible by any software used on or accessed through the Web-Site; (iv) for any hypertext links to third party web sites; or (v) for any breach of security associated with the transmission of sensitive information through the Web-Site or any Linked Site. Site Owner does not warrant that the functions contained in the Web-Site or any content contained therein will be uninterrupted, error free or that defects will be corrected.

No Endorsement by Site Owner of Internet Information. You understand that Site Owner does not operate, control, or endorse any information, products or services on the internet in any way nor does Site Owner represent or endorse the accuracy or reliability of any advice, opinion, statement or other content displayed or distributed through the Web-Site (including any Linked Site). You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that neither Site Owner nor any user or contributor shall be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content. You understand further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to you, that you access such materials at your own risk and that Site Owner has no control over and accepts no responsibility whatsoever for such materials.

No Liability – YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL SITE OWNER, OR ITS SPONSORS OR PARTNERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE WEB-SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB- SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB-SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB-SITE OR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY WEB-SITE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB-SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SITE OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SITE OWNER SHALL NOT BE LIABLE FOR ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS CONTAINED IN ANY USER CONTENT INCLUDING ANY POSTING TO A COMMUNICATION SERVICE, NOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR OTHER THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity. Upon Site Owner’s request, you agree to indemnify, defend and hold harmless Site Owner and its affiliated companies, sponsors and partners, including their respective officers, directors, agents, and employees from and against all losses, expenses, damages and costs, including reasonable legal fees and court costs, arising from the publication of your User Content/postings to Communication Services or your violation of the terms and conditions of this Agreement.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Site Owner as a result of this Agreement or use of the Web-Site. Site Owner’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Site Owner’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web-Site or information provided to or gathered by Site Owner with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Site Owner with respect to the Web-Site, the Companion Newspaper and Linked Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Site Owner with respect to the Web-Site. Headings are for convenience only. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement and your use of the Web-Site shall be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein. You agree that exclusive jurisdiction for any claim or dispute resides in the courts of the Province of Manitoba. You further agree and expressly consent to attorn to the jurisdiction of the courts of the Province of Manitoba in connection with any dispute or claim involving you, Site Owner, or the Web-Site. Site Owner may assign its rights under this Agreement and its ownership of the Web-Site or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone.